Quote:
Originally Posted by HarryT
ISPs do keep records of which dynamic IP is assigned to which subscriber at which times. They have to, by law, because they can be required to supply such information by a court order.
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ISPs have in the past produced the wrong IPs when people have been accused. For example during daylight saving time change overs.
Unlikely, yes, but possible and has occurred. Problem for the people who were accused in those cases is, do they risk the cost of a court case to prove they didn't download anything (during which time maybe the mistake over the IPs might be found) or do they just pay the fine.
With the potential introduction of three strikes, that's even more worrying for people who are innocent.
I don't actually mind the idea of ISPs sending out notices of infringement, it'll encourage innocent people to get the security of their wifi and computers checked and to ensure family members are aware of the potential problems.
However, when it comes to issuing a fine or court proceedings, I really think they need something more than just the IP. That unfortunately may mean we need laws* allowing the police to seize or search computers for IP related offences. An IP address should only be used as reasonable grounds for the police to obtain more detailed evidence.
* Assuming they don't exist already and it's just a cost/time preventing the police going after those cases vs more serious crimes.